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Coroners and Justice Bill

It is the hon. and learned Gentleman who has made it a semantic debate, because he tabled amendment 43, which proposes that "follow" be replaced by "have regard to". There is a difference, and although I am not in favour of casuistry, I am in favour of semantics, because words are all we have, and they have meaning. There is a difference between "have regard to" and "follow" or "apply". My point is that in clause 108(1)(a) we are seeking to apply or to follow—not have regard to—what Lord Justice Gage and his colleagues explicitly recommended. They wanted a closer connection between the guidelines and what the courts were doing. I remind the hon. and learned Member for Harborough and the right hon. and learned Member for Sleaford and North Hykeham of two things. First, the changes proposed in the other Government amendments that I moved offer considerably more flexibility than the arrangements in the original Bill, as the hon. and learned Gentleman correctly suggested in Committee. Secondly, there is a very clear exception for the courts. Judges in court have great flexibility to refer to the whole of the sentencing guidelines when they judge that aggravating and mitigating factors make that appropriate. If they think that a sentence is outwith those guidelines, they are entitled to pass it if they believe that it would be contrary to the interests of justice to stay within the guidelines.